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Patna High Court

Bihar through the Chief Secretary,versusAmitabh Kumar Gupta

Decided
Disposal
DISMISSED

Holding

The Court held that the writ petitioner is entitled to be governed under the Old Pension Scheme as the vacancy, advertisement and selection were prior to 1 September 2005 and the delayed joining was with authority, thereby setting aside the impugned order.

Summary

The State of Bihar appealed against a single judge’s order that set aside a prior order allowing the writ petitioner, Amitabh Kumar Gupta, to be governed by the Old Pension Scheme. Gupta, appointed as District Audit Officer on 4 May 2005 and later as Deputy Collector, argued that despite joining the post on 16 September 2005—after the 1 September 2005 cut‑off for the New Pension Scheme—he should be covered by the Old Scheme because the vacancy, advertisement and selection were completed before the cut‑off and his delayed joining was due to a permitted extension. The respondents relied on the Finance Department’s 28 November 2023 resolution, which permits inclusion in the Old Scheme only if the employee joined before 1 September 2005, rejecting Gupta’s claim. The Court examined the resolution, prior case law, and the facts, concluding that Gupta satisfied all conditions for the Old Scheme and that the single judge’s order was not perverse. Consequently, the appeal was dismissed and the petitioner was directed to be placed under the Old Pension Scheme.

Issues considered

  • The applicability of the Old Pension Scheme to an employee who joined after 1 September 2005 but whose vacancy and selection were completed before that date
  • Whether the extension granted for joining defeats the right to opt for the Old Pension Scheme
  • Whether the single judge’s order setting aside the earlier order was perverse or legally untenable

Subjects

  • Old Pension Scheme
  • New Pension Scheme
  • Bihar Pension Rules 1950
  • Option to opt for pension scheme
  • Administrative law
  • Letters Patent Appeal
  • Discrimination
  • Arbitrariness

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Letters Patent Appeal No.289 of 2025
                                            In
                       Civil Writ Jurisdiction Case No.12495 of 2024
     ======================================================
1.   The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2.   The Principal Secretary, General Administration Department, Government
     of Bihar.

3.   The Principal Secretary, Finance Department, Government of Bihar, Patna.

4.   The Principal Secretary, Co-operative Department, Government of Bihar,
     Patna.


                                                                   ... ... Appellants
                                          Versus
1.   Amitabh Kumar Gupta, S/o Late Sachidanand Prasad, Resident of Near
     Police Adda, Marwari Mohalla, P.S. - Gopalganj Town, District -
     Gopalganj, Bihar - 841428.

2.   The Director, General Provident Fund, Bihar, Patna.

3.   The Accountant General, Bihar, Patna.


                                                                  ... ... Respondents
     ======================================================
     Appearance :
     For the Appellants              :      Mr. Sita Ram Yadav, G.P.-16
                                            Mr. Jitendra Kumar (A.C. to G.P.-16)
     For Respondent No.1             :      Mr. Kumar Kaushik, Advocate
                                            Mr. Sambhav Gupta, Advocate
                                            Mrs. Namrata Dubey, Advocate
                                            Mr. Kaushik Sagar, Advocate
     For the Accountant General, Bihar:     Mr. C. Swaroop, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
                 and
                 HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
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       (Per: HONOURABLE THE CHIEF JUSTICE)


         Date : 23-04-2026


                      This Letters Patent Appeal has been filed by the State

         of Bihar challenging the order dated 30.08.2024 passed by the

         learned Single Judge in C.W.J.C. No. 12495 of 2024 setting

         aside the impugned order dated 18th March, 2024, passed by the

         Principal      Secretary,      General       Administration   Department,

         Government of Bihar as well as giving liberty to the writ

         petitioner to exercise his option as to whether he wanted to be

         governed under Old Pension Scheme or New Pension Scheme,

         within a period of 15 days from the date of passing of the order.

                      2. The writ petitioner approached this Court by filing

         the aforesaid writ petition seeking for the following relief(s):

                      “i.     For issuance of an order, direction or a
                             writ of certiorari for quashing and setting
                             aside the order contained in Memo No.
                             4685 dated 18.03.2024 issued under the
                             signature of respondent no. 2 whereby and
                             where under the respondent authorities
                             have rejected the representation filed by
                             the petitioner to grant the benefit of Old
                             Pension Scheme under the Bihar Pension
                             Rules, 1950 in place of New Contributory
                             Pension Funds Scheme as the writ
                             petitioner was initially appointed District
                             Audit Officer on 04.05.2005 prior to his
                             selection and appointment to the post of
                             Deputy Collector on 14.08.2009 and
                             therefore ought to have been covered under
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                           the Old Pension Scheme.
                      ii. For issuance of an order, direction or a writ
                           of mandamus for directing the respondent
                           authorities to grant the benefit of Old
                           Pension Scheme under the Bihar Pension
                           Rules, 1950 to the writ petitioner in place
                           of New Contributory Pension Funds
                           Scheme as the writ petitioner was initially
                           appointed District Audit Officer on
                           04.05.2005 prior to his selection and
                           appointment to the post of Deputy
                           Collector on 14.08.2009.
                      iii. For issuance of an order, direction or a
                           writ of mandamus for directing the
                           respondent authorities to ensure opening of
                           G.P.F. Account and deduction of G.P.F.
                           Account from the date of appointment of
                           the writ petitioner after deducting the
                           contributions made under the New Pension
                           Scheme.”

                      3. The writ petitioner had initially participated in the

         selection process conducted by Uttar Pradesh Public Service

         Commission in the year 2001 and was selected and appointed as

         District Minority Welfare Officer vide order dated 16.08.2004

         and submitted his joining on 09.09.2004. Thereafter, he

         participated in the 44th Combined Competitive Examination

         conducted by the Bihar Public Service Commission for which

         advertisement was issued on 09.07.2000 and he was declared

         successful and appointed to the post of District Audit Officer

         vide Memo No. 831 dated 04.05.2005. Twenty candidates were

         selected to such post and the writ petitioner’s rank was 11. The
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         writ petitioner, on receiving the appointment order dated

         04.05.2005, requested the Government of Bihar vide letter dated

         16.05.2005 for two months’ time to join as he was already in

         Government service and it would take some time for him to be

         relieved. The relieving order was issued by the Department of

         Minority Welfare, Government of Uttar Pradesh on 16.06.2005

         since the writ petitioner was interested to join the services under

         the Government of Bihar. The writ petitioner was directed to

         hand over the charges of the District Minority Welfare Officer,

         Basti, which he handed over and then sought for one month’s

         time vide letter dated 18.07.2005 due to personal and family

         reasons.

                      The writ petitioner, in the meantime, was also selected

         for appearing in the 1st Combined Civil Services Mains

         Examination, 2003, conducted by the Jharkhand Public Service

         Commission which was supposed to be conducted from

         23.06.2005 to 02.07.2005. The writ petitioner thereafter sought

         for another extension from the Co-operative Department,

         Government of Bihar for joining until September, 2005 vide

         letter dated 13.08.2005 on the ground that he had to participate

         in the 46th Combined Competitive (Main) Examination starting

         from 03.09.2005. His request for extension of time was accepted
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         and he was allowed time until 30.09.2005 to submit his joining

         report and ultimately the writ petitioner submitted his joining

         report in the office of the District Audit Officer, Co-operative

         Societies, Muzaffarpur on 16.09.2005.

                      In the meanwhile, the Government of Bihar issued a

         resolution on 31.08.2005 which prescribed that the Government

         had taken a decision to adopt the New Pension Scheme in

         respect of the Government Servants appointed on/after

         01.09.2005 and the said resolution was made applicable to the

         Government Servants who have been appointed on/after

         01.09.2005.

                      The writ petitioner requested the Director, General

         Provident Fund for his inclusion under the Old Pension Scheme

         vide letter dated 05.05.2006. However, he was included under

         the New Pension Scheme while his application for Old Pension

         Scheme was pending for consideration before the respondents.

                      It is the case of the writ petitioner that all the persons

         who were junior to him in the seniority list were allowed the

         benefits of Old Pension Scheme and in the meantime, the writ

         petitioner participated in the 47th Combined Competitive

         Examination         conducted        by      the   Bihar   Public   Service

         Commission and was declared successful and appointed to the
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         post of Deputy Collector vide notification dated 14.08.2009 and

         he was posted at Siwan for training. The writ petitioner was

         relieved from his services as District Audit Officer vide

         notification contained in Memo No. 3558 dated 01.09.2009 to

         enable him to join the post of Deputy Collector and the writ

         petitioner joined the said post of Deputy Collector on

         02.09.2009.

                      The writ petitioner, upon joining, requested for

         counting his prior service in the Government of Bihar on the

         post of District Audit Officer, Co-operative Societies in the Co-

         operative Department and for amalgamation of the two services,

         which were under the same Government, which was allowed

         and the services of writ petitioner rendered on the post of

         District Audit Officer and Deputy Collector were amalgamated

         and the period of prior service on the post of District Audit

         Officer under the New Pension Scheme was directed to be

         counted for the purpose of death-cum-retirement gratuity and

         leave encashment and all other post-retirement benefits.

                      Aggrieved with the inaction of the respondents, the

         writ petitioner filed a representation on 28.11.2022 requesting

         the General Administration Department to allow him the benefit

         of Old Pension Scheme, which was forwarded from the office of
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         District Magistrate, Kishanganj to the Principal Secretary,

         General Administration Department on 07.12.2022. In his

         representation, he took a specific plea that New Pension Scheme

         would be applicable to those employees who were appointed

         on/after 01.09.2005, and since he was appointed on 04.05.2005

         and was relieved from the post of District Minority Welfare

         Officer under the Uttar Pradesh Government on 17.06.2005 and

         his request for extension of the period for joining for

         participating in the competitive examination conducted by the

         Bihar Public Service Commission was duly accepted and time

         was allowed till 30.09.2005 for submission of the joining report

         and, consequently he joined on 16.09.2005, therefore, he is

         covered under the Old Pension Scheme.

                      It is the further case of the writ petitioner that the 13

         candidates were appointed along with the writ petitioner, out of

         which 12 candidates, who were the batchmates of the writ

         petitioner, were covered under the Old Pension Scheme and

         therefore, the decision taken by the authorities to cover the case

         of the writ petitioner under the New Pension Scheme, is wholly

         arbitrary and discriminatory.

                      4. The writ petitioner earlier approached this Court by

         filing C.W.J.C. No. 12012 of 2023 for a direction to the
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         respondent authorities to consider his case under the Old

         Pension Scheme instead of New Pension Scheme.

                      The said writ petition was disposed of vide order

         dated 15.01.2024 giving liberty to the writ petitioner to

         approach the Principal Secretary, General Administration

         Department by filing appropriate representation within a period

         of two weeks and the said representation was directed to be

         disposed of by a reasoned and speaking order within a period of

         six weeks. In terms of the said order, the writ petitioner

         submitted       another      representation   on   20.01.2024   taking

         exhaustive plea in support of his claim of Old Pension Scheme,

         but the Respondent No. 2 rejected the representation of the writ

         petitioner vide Memo No. 4685 dated 18.03.2024.


                      5. Challenging the rejection order, it is submitted

         before the learned Single Judge that the order was passed on the

         basis of the opinion of the Co-operative Department, wherein, it

         is stated that the delay in appointment of the writ petitioner was

         neither due to administrative reason nor due to litigation and the

         writ petitioner was himself responsible for the same and

         therefore, his claim is fit to be rejected. According to the writ

         petitioner, the date of joining is a fortuitous circumstance and

         those appointed by the same order are entitled to the same
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         benefit of the pension scheme if they have submitted the joining

         within the time allowed to them and since the writ petitioner

         was allowed time till 30.09.2005 to join, therefore, the

         respondents were not justified in denying the benefit of the Old

         Pension Scheme to him.

                      It is the further case of the writ petitioner that once the

         notification dated 28.11.2023 allows the option of the Old

         Pension Scheme even to those employees who were appointed

         after 01.09.2005, if the vacancies and advertisement were of

         prior date, the writ petitioner deserves the benefit of the Old

         Pension Scheme since he was appointed prior to 01.09.2005 and

         thus, his case stands on a better footing.

                      6. After issuance of notice, Respondent No. 2 filed a

         counter affidavit, wherein, the stand is taken as follows:

                      “12) That accordingly the petitioner assumed
                          the charge of District Audit Officer,
                          Muzaffarpur on 16.09.2005. That it is
                          further submitted that after selection of the
                          petitioner in the cadre of Bihar
                          Administrative Service, the Co-operative
                          Department, Government of Bihar, Patna
                          vide its Notification No. 3557 dated
                          01.09.2009 relieved the petitioner for
                          assume the charge on probationary Deputy
                          Collector, Siwan.

                      13) That accordingly, the petitioner submitted
                          his joining report to the post of
                          probationary Deputy Collector in Siwan on
                          02.09.2009.
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                      14)  That it is further humbly submitted that
                          from the available records, it also appears
                          that prior to selection of the petitioner as
                          District Audit Officer in the State of Bihar,
                          the petitioner had been appointed as
                          Minority Welfare Officer under the U.P.
                          State and had been posted as District
                          Minority Welfare Officer, Basti.
                      15) That as such when the petitioner was
                          selected as District Audit Officer in Co-
                          operative Department under the State
                          Government of Bihar, the petitioner
                          requested the Co-operative Department,
                          Bihar, Patna to extend two months more
                          time, so that he may relinquish the charge
                          of District Minority Welfare Officer of
                          Basti (U.P.) to join the post of District
                          Audit Officer in the State of Bihar.
                                   However, on 16.06.2005 the
                          petitioner was relieved from the post of
                          District Minority Welfare Officer, Basti.
                          But after relieving the petitioner did not
                          join the post of District Audit Officer in the
                          Co-operative Department under the State
                          Government of Bihar. Rather the petitioner
                          once again requested to grant one month
                          time to submit his joining to the post of
                          District Audit Officer in the Co-operative
                          Department under the State Government of
                          Bihar.
                                   But once again he did not join the
                          said post and once again requested on
                          13.08.2005 to grant time up to September,
                          2005 to join the post of District Audit
                          Ofiicer      under      the     Co-operative
                          Department, Government of Bihar, Patna.
                      16) That in the light of aforesaid representations
                           of the petitioner the Cooperative
                           Department finally granted time up to
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                          30.09.2005 to join the petitioner to the post
                          of District Audit Officer.
                      17) That moreover, the Co-operative
                          Department, Government of Bihar, Patna
                          in the light of Resolution Memo No.
                          12o6(pe) dated 28.11.2023 issued by the
                          Finance Department, Government of Bihar,
                          Patna has clarified the para (i) to (iii) of
                          para 4 of Resolution Memo No. 1206 (pe)
                          dated 28.11.2023 in following manner:-
                          i)      Vacancies and Advertisement both
                                might be prior to 01.09.2005.
                          ii) The process of selection had been made
                                prior to 01.09.2005 and on the basis
                                of merit list out of total 20 candidates
                                only 13 candidates submitted their
                                joining     report,     including    the
                                petitioner, Sri Gupta.
                      18) That out of 13 candidates excluding the
                          petitioner, Sri Gupta, 12 candidates had
                          submitted their joining report prior to
                          01.09.2005 and they were provided benefits
                          of old pension scheme. But the petitioner
                          submitted his joining report on 16.09.2005
                          and hence the petitioner was allotted N.P.S.
                          i.e. New Pension Scheme.
                      19) That from the aforesaid facts, it is clear
                          enough that the petitioner submitted his
                          joining report on 16.09.2005 i.e. much
                          after than 01.09.2005 on the date, the New
                          Pension Scheme came into force.

                      20) That after the date 01.09.2005 due to
                          administrative causes and judicial cases
                          the process of appointment of the petitioner
                          was not delayed. However, on the request
                          of the petitioner himself the extra time was
                          provided to the petitioner by the Co-
                          operative Department to join him belatedly
                          to the post of District Audit Officer.
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                      21) That from the aforesaid facts, it is crystal
                          clear that the appointment of the petitioner
                          had already been done in the Co-operative
                          Department in the State of Bihar prior to
                          01.09.2005. That in the appointment of the
                          petitioner there is no any delay/laches
                          either the Administration side or due to any
                          process.
                                   Rather than the petitioner himself
                          requested extra time to join the post and in
                          the light of the request of the petitioner the
                          Co-operative        Department         granted
                          extension of time to the petitioner for his
                          joining to the appointed post of District
                          Audit Officer.
                      22) That accordingly, as per convenience of the
                          petitioner joined the said post in the Co-
                          operative Department after of 01.09.2005.
                          That when the petitioner submitted his
                          joining the new pension rules was already
                          been in force and hence the Co-operative
                          Department included the name of the
                          petitioner in New Pension Scheme i.e.
                          N.P.S.
                      23) That however, on the representation of the
                          petitioner to include him in old pension
                          scheme, the matter was considered in the
                          light of Resolution Memo No. 12o6(pe)
                          dated 28.11.2023 issued by the Finance
                          Department, Government of Bihar. But the
                          aforesaid Resolution does not allow the
                          Respondent to include the name of the
                          petitioner in old pension scheme.”

                      7.    The     learned      Single   Judge   considered   the

         submissions advanced by the learned counsel for the respective

         parties as well as the notification dated 28th November, 2023
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         issued by the Finance Department, Government of Bihar

         clarifying the position where an employee can opt for Old

         Pension Scheme, which reads as follows:

                      “4. In light of the aforementioned factual
                            position and the provisions of the
                            Government of India, and after due
                            deliberation, the State Government has
                            decided that in cases where, through a
                            single advertisement, certain candidates
                            were appointed under the Old Pension
                            Scheme prior to September 1, 2005, while
                            other candidates were appointed under the
                            NPS subsequent to 01.09.2005; those
                            personnel appointed under the NPS shall
                            be granted the option to opt into the Old
                            Pension Scheme, subject to the following
                            conditions:—
                      (i) The vacancy and the advertisement must
                            date back to a period prior to 01.09.2005;
                      (ii) The selection process must have been
                            completed prior to 01.09.2005, and certain
                            candidates from the merit list must have
                            actually joined their posts prior to
                            01.09.2005, and must have been covered
                            under the Old Pension Scheme;
                      (iii) The delay in the appointment process of
                            personnel appointed subsequent to
                            01.09.2005, must have occurred due to
                            administrative reasons or pending judicial
                            litigation;

                      (iv) The concerned personnel shall submit their
                           application regarding the option to their
                           Appointing Authority within six months
                           from the date of issuance of the order;
                           subsequently, the Appointing Authority
                           shall review the matter in accordance with
                           the aforementioned conditions, obtain the
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                           concurrence of the Finance Department,
                           and issue an appropriate order within six
                           months from the date of submission of the
                           application;
                      (v) The option may be exercised only once, and
                           such exercise shall be final.
                      (vi) As a result of inclusion of the employee
                           from NPS in the old pension scheme, the
                           amount accumulated in the NPS fund of
                           the concerned employee will be adjusted in
                           the light of Finance Department letter no.
                           330 dated 05.04.2016 and 485 dated
                           09.08.2021.”

                      8. While disposing of the writ petition, the learned

         Single Judge has been pleased to observe as follows:

                       “7. In view of such circumstances and
                           specially due to the reason that some
                           other selected candidates joined in the
                           same service prior to 1st September, 2005
                           and they were allowed to give option, as
                           to whether they would be governed under
                           Old Pension Scheme or not, the petitioner
                           ought to have been governed under
                           paragraph-4 (ii) of the Notification dated
                           28th November, 2023.
                       8.      In view of such circumstances and
                              considering the fact that similar issue was
                              decided previously in the following Writ
                              petitions, according permission to express
                              option to the petitioners under similar
                              facts and circumstances in C.W.J.C. No.
                              10901 of 2006 (Md. Kayumuddin Ansari
                              & Others Vrs. State of Bihar & Ors.),
                              decided on 3rd August, 2011, Ashok
                              Kumar Sharma & Ors. Vrs. The State of
                              Bihar & Ors., reported in 2021 (1) BLJ
                              415 and in also C.W.J.C. No. 14039 of
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                           2014 (Rakesh Kumar & Ors. Vrs. The
                           State of Bihar & Ors.), decided on 8th
                           May, 2018.
                       9. This Court is of the view that the impugned
                           order dated 18th March, 2024, passed by
                           the    Principal     Secretary,     General
                           Administration Department, Government
                           of Bihar is bad in law and set aside and
                           quashed.”

                      9. Learned counsel for the State while challenging the

         impugned order dated 30.08.2024, basically raised the ground

         that the resolution bearing Memo No. 1206(PE) dated

         28.11.2023, issued by the Finance Department, Government of

         Bihar, Patna, which is a policy decision of the Government of

         Bihar, has not been considered in its proper perspective and the

         writ petitioner deliberately or for his own causes joined the post

         of District Audit Officer in the Co-operative Department of the

         State of Bihar on 16.09.2005, much belatedly than 01.09.2005

         i.e. after the New Pension Scheme came into force and as such,

         he is responsible for the same and cannot claim the Old Pension

         Scheme.

                      It is further argued that extension of the joining time

         is not the bona fide right of a particular individual appointed,

         and even though the writ petitioner has been granted extension

         for joining the post as he had prayed before the authorities

         concerned, but he could not have been provided the benefit of
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         the Old Pension Scheme as he had joined the post of District

         Audit Officer in the State of Bihar on 16.09.2005, admittedly

         after the New Pension Scheme came into force on 01.09.2005.

                      10. The writ petitioner, on the other hand, supported

         the impugned order and contended that when the authorities

         concerned allowed the extension up to 30.09.2005 and the writ

         petitioner joined on 16.09.2005, even if such date of joining is

         after the cut off date i.e. 01.09.2005 and by the time of his

         joining, the New Pension Scheme had come into force,

         however, since the process of recruitment had already

         completed much prior to 01.09.2005 and the writ petitioner’s

         appointment letter was issued on 04.05.2005 and juniors to the

         writ petitioner were allowed to avail the Old Pension Scheme,

         therefore, the authorities concerned were not justified in

         rejecting the representation of the writ petitioner and the learned

         Single Judge is quite justified in passing the impugned order. It

         is argued that there is no perversity in the impugned order and

         therefore, it should not be interfered with.

                      11. Adverting to the contentions raised by the learned

         counsel for the respective parties, we find that there is no

         dispute that in the light of the resolution of the Government of

         India dated 17.02.2020, the Finance Department, Government
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         of Bihar issued the resolution contained in Memo No. 1206

         dated 28.11.2023. It is also not in dispute that in the aforesaid

         resolution prescribed by the State Government, the decision has

         been taken that if various persons have been appointed before or

         after 01.09.2005 by way of same advertisement, those covered

         under the New Pension Scheme shall be allowed the option of

         Old Pension Scheme on the following conditions:

                      (i) The vacancy and the advertisement must be

                             before 01.09.2005;

                      (ii)    The selection process must have been

                             completed before 01.09.2005 and some of

                             the candidates must have submitted their

                             joining before 01.09.2005 and must have

                             been covered under the Old Pension

                             Scheme;

                      (iii) The delay in appointment of the employees

                             after 01.09.2005 was not attributable to the

                             administrative reason or litigation.

                      12. We are of the view that the case of the writ

         petitioner completely falls within the conditions which are

         stipulated in the resolution dated 28.11.2023. Not only the

         vacancy and advertisement for the post of District Audit Officer
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         was issued before 01.09.2005, but the selection process was also

         completed prior to 01.09.2005 and candidates submitted their

         joining report before 01.09.2005 and all of them were allowed

         to be covered under Old Pension Scheme. The delay in joining

         of the petitioner was with the due permission of the authorities

         and he was granted extension for joining as he was to participate

         in the Combined Competitive (Main) Examination. Therefore,

         we find no perversity or palpable unreasonableness in the

         impugned order of the learned Single Judge or it cannot be said

         that it is inconsistent with any provision of law. Since the

         Letters Patent Appeal is an intra-court appeal, where this Bench

         is supposed to sit as a Court of correction correcting its own

         order in exercise of the same jurisdiction and the scope of

         interference is within a narrow compass and as already stated

         that since we did not find any perversity in the same and the

         approach of the learned Single Judge who has passed the

         impugned order is quite justified, we are not inclined to interfere

         with the same.

                      Accordingly, we do not find any merits in the present

         Letters Patent Appeal, which stands dismissed.

                      13. The learned counsel for the writ petitioner at this

         juncture submitted that as per the impugned order, the writ

         petitioner has already submitted his representation before the
             Patna High Court L.P.A No.289 of 2025 dt.23-04-2026
                                                         19/19




                      authority concerned giving his option to be governed under the

                      Old        Pension    Scheme       and       he   has   not   received   any

                      communication from the concerned authority.

                                    14. Since we are of the humble view that the case of

                      writ petitioner is governed under the Old Pension Scheme and

                      rightly so it has been held by the learned Single Judge and the

                      impugned order dated 18th March, 2024, passed by the Principal

                      Secretary, General Administration Department, Government of

                      Bihar has been set aside, the authorities concerned shall do the

                      needful within a period of two months from today and

                      communicate the order to the writ petitioner in the light of the

                      order of this Court indicating therein that his case would be

                      governed under the Old Pension Scheme.

                                    15. Interlocutory Application(s), if any, shall also

                      stand disposed of.



                                                          (Sangam Kumar Sahoo, CJ)


                                                                 (Harish Kumar, J)

P.K.P./-
AFR/NAFR                A.F.R.
CAV DATE
Uploading Date          27.04.2026
Transmission Date


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